American Midstream (AlaTenn), LLC
Fifth Revised Volume No. 1
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Effective Date: 05/01/2010, Docket: RP10-493-000, Status: Effective
Original Sheet No. 156 Original Sheet No. 156
GENERAL TERMS AND CONDITIONS (continued)
6.2 Remedies for non-payment: Should Shipper fail to pay all of the amount of
any invoice as
herein
provided when such amount is due, interest on the unpaid portion of the invoice
shall accrue
from the
due date until the date of payment at the interest rate calculated according to
Section 154.501(d)
of the
FERC's regulations. If such failure to pay continues for thirty (30) Days after
payment is due
and
Transporter has provided Shipper and the Federal Energy Regulatory
Commission with at least
fifteen
(15) Days notice that service will terminate due to the non-payment, Transporter
in addition to
any other
remedy it may have under the executed Services Contract may suspend further
delivery of gas
until
such amount is paid. Provided, however, that if Shipper in good faith shall dispute
the amount of
any
such invoice or part thereof (and provides Transporter written documentation as
to the basis for
the
dispute) and shall pay to Transporter such amounts as it concedes to be correct
and at any time
thereafter within thirty (30) Days of a demand made by Transporter shall furnish
good and
sufficient
surety bond, guaranteeing payment to Transporter of the amount ultimately found
due upon such
invoices after a final determination which may be reached either by agreement or
judgment of
the
courts, as may be the case, then Transporter shall not be entitled to seek or
suspend further
delivery of
gas unless and until default be made in the conditions of such bond.
6.3 Adjustment of underpayment, overpayment or error in invoicing: If it shall be
found that
Shipper
has been overcharged or undercharged in any form whatsoever under the
provisions of the
executed
Service Contract, and Shipper shall have actually paid the invoices containing
such overcharge
or
undercharge, then within thirty (30) Days after the final determination thereof,
Transporter shall
refund
the amount of any such overcharge with interest thereon from the time such
overcharge was
paid to the
date of refund the interest rate calculated according to Section 154.501(d) of
FERC's regulations
and
Shipper shall pay the amount of any such undercharge, but without interest.